The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-12-11
HARPER'S CASE IN HAND.
THE VERDICT WILL NOT BEKNoWN
TILL MONDAY.

8OJn Sizes SuDmlt the case without
Argument--The Judges Charge all
in Favor of Conviction-The Prison
er's Baby Boy the Most Eloquent
Pleader for His Father.
CINCINNATI, Dec. 10-Dramatic scenes
in the Harper trial this morning kept the
crowd in the court room in the hush of
silence. The court was opened in the usual
way. Harper appeared accompanied by his
wife and her sister and his little boy, fine
looking little fellows of 8 years. The testi-
mony for the defease was virtually nothing.
j. f. Larkin, a banker, was called to show
that Wiltshire was buying wheat for others
than Harper, but all he could say was that
his bank handled some paper OF Mr. Tim
berlake's, with Endorsements by Wiltshire,
and the court ruled it all out as incompetent.
Mr.. Timberlake, himself, was called. He
said Wiltshire never bought for him nor he
for Wiltshire Wiltshire had simply in
dorsed some of his paper. Mr.. Blackburn
said his purpose was to show that Wilt
shire's testimony that he had bought for
Harper was not true.
wILrsHIRE's OWN HOLDINGS.
The court reminded the counsel that Wilt
shire had testified that he had 100000
bushels on his own account, and if they
could show that he bought more than this
it might be done. The witness was excused.
Edward Stark, the bank cashier, was
called to tell of the Timberlake transaction.
but it was ruled out, and Mr. Blackburn
said: with that ruling of the court we
have no further testimony"
1t was now 1890 o'clock. Harper and his
counsel withdrew for consultation. Deputy
Marshal Urner followed.
In ten minutes Mrs. Harper was called
out
The consultation was upon the question of
submitting the case without argument
At 10:45 o'clock the parties all returned
and Mrs. Harper was carrying her baby.
She sat down beside her husband with the
child on her knee, removed its white hood
and displayed a lovely head and face, fair
hair, bright eyes, fine complexion and full
round cheeks.
THE BABY's PLEA.
There was whispered conversation at the
table for a minute or two, during which
above the low hum of the crowd could be
heard the fute-like tones of the baby's voice
as il reached to the table after papers and
cooed its delight 1t was the only plea that
was offered for its father, for when Mr..
Blackburn arose he said that, under the
ruling of the court as TO the evidence offered,
they had no more witnesses to offer.
The government called Messrs. Hinch
and Hayes, but the questions asked them
had been asked before, and they were ruled
out.
Mr.. Burnett then said the government
would rest
Judge Jackson-Will you argue the casel
Judge Wilson for the defense said they
would submit it without argument if the
government would.
Mr.. Burnett-We will.
Judge Jackson then charged the jury and
they retired.
A recess was then taken until 2 o'clock.
At 4:45 o'clock the court adjourned till
Monday. The verdict will not be received
until Monday morning, no matter when the
jury agrees.
JUDGE JACKsoN's CHARGE.
Judge Jackson's charge occupied ar hour
and fifty minutes in delivery. He began by
referring to the form of the indictment and
then gave the usual definitions of the points
of law necessary TO be considered by the
Jury in criminal indictment He called
their attention to the difference between
criminal acts by officers of q banking asso-
citation and others by which losses might
accrue, but not be criminal and remarked
that in every count Harper was charged
with criminal act He defined the term
abstract, as used III the statute, as meaning
to take money without the knowledge Of
the officers of the association and use it for
the benefit of others and with intent to de-
fraud. Intent to defraud applied to every
act which is illegal and tends to injure
After defining what is meant by proof
beyond reasonable doubt, he said the re-
sponsibility of bank officers was not for
losses on honest legal loans in good faith for
the benefit of others than the bank.
REVIEWING PROVEN FACTS.
He then passed to a review of the facts
proven, saying the court could assume those
things proven which had been presented in
evidence by both Sides He then enumerated
one after another Of the various acts re-
garded as having been proven by Harper's
own admission, such as the credit to the
Riverside Iron and Steel Works upon no
consideration, and declared that the de-
fendant committed a wrongful act when he
took the check Of the Riverside Works in
that way; so of the $500, 900 certificate Of
deposit in the First National Bank of New
York, represented by his own check. This
was a criminal act admitted by the de-
fendant
Going on In order of time, the court
cited act after act, all admitted by Harper,
which, under the ruling of the court, con-
stituted criminal acts. Among others was
$4,000 to Hoyt for Hopkins, in which
Harper said he was to be a sharer with
1OpklnS. Dy SeHulDB COudttIdlS W Jue
Chemical National Bank, June /, the de-
fendant committed an unlawful criminal
act.
EFFORTS TO SAVE THE BANK.
Harper's heroic efforts to save the bank
do not excuse HIM any more than a man
would be excused for scuttling a ship by
afterward making efforts to save it, Refer
ring to Harper's defense that he was trying
TO save the bank, he severely arraigned his
method, saying it was not reasonable for a
man TO sink 81 100000 in trying TO save
$4,000. Summing up, he said the court in
structs the jury that it must find on his own
testimony that the defendant had commit
ted crime.
The jury was then instructed how to make
the form of their verdict, and they were
taken to thoir room to begin their consulta-
tion.
A Cave In at Mine.
aA